Estate of Tanya Martinez et al v. Pueblo County, Board of County Commissioners et al

Filing 47

STIPULATED PROTECTIVE ORDER. By Judge R. Brooke Jackson on 11/19/2015. (mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:15-CV-01140-RBJ

ESTATE OF TANYA MARTINEZ;
JUDY ARMIJO, as Personal Representative of the Estate of Tanya Martinez;
ESAI MARTINEZ, a minor, by and through his grandmother, Judy Armijo; and
ANGEL MARTINEZ,
Plaintiff,
vs.

The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FOR PUEBLO COUNTY
COLORADO; a governmental entity;
KIRK TAYLOR, in his official capacity as Pueblo County Sheriff;
CORRECTIONAL HEALTHCARE COMPANIES, INC.;
CORRECTIONAL HEALTHCARE PHYSICIANS, P.C.;
CORRECT CARE SOLUTIONS, LLC;
MIKE WHITE, E.M.T., in his individual and official capacities;
JENNIFER SCOTT, R.N., in her individual and official capacities;
KIM MURRAY, L.P.N., in her individual and official capacities;
NORMA MOWER, PA-C, in her individual and official capacities;
DEPUTY CINDY GOMEZ, in her individual and official capacities;
DEPUTY DEANA COOK, in her individual and official capacities; and,
DEPUTY ANNADENE LUCERO, in her individual and official capacities,
Defendants.

STIPULATED PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 26(c), upon a showing of good cause in support of the
entry of a protective order to protect the discovery and dissemination of confidential
information or information which will improperly annoy, embarrass, or oppress any party,
witness, or person providing discovery in this case, IT IS ORDERED:

1.

This Stipulated Protective Order shall apply to all documents, materials, and

information, including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, deposition testimony, and other information disclosed
pursuant to the disclosure or discovery duties created by the Federal Rules of Civil
Procedure.
2.

As used in this Stipulated Protective Order, “document” is defined as provided

in Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.

Information designated “CONFIDENTIAL” shall be information that is

confidential and implicates common law and statutory privacy interests or security interests
of: (a) Plaintiffs Estate of Tanya Martinez, Judy Armijo, Esai Martinez, and Angel Martinez;
or (b) Defendants the Board of County Commissioners of the County for Pueblo County,
Colorado, Sheriff Kirk Taylor, Deputy Cindy Gomez, Deputy Deana Cook, Deputy Annadene
Lucero, Correctional Healthcare Companies, Inc., Correctional Healthcare Physicians, P.C.,
Correct Care Solutions, LLC, Mike White, E.M.T., Jennifer Scott, R.N., Kim Murray, L.P.N.,
and Normal Mower, PA-C, including confidential, security-sensitive, proprietary, trade secret,
financial, or personal information.

Any information designated by a party as

CONFIDENTIAL must first be reviewed by a lawyer who will certify that the designation as
CONFIDENTIAL is based on a good faith belief that the information “is confidential or
otherwise entitled to protection.” Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382, 386
(D. Colo. 2000).

CONFIDENTIAL information shall not be disclosed or used for any

purpose except the preparation and trial of this case.

4.

CONFIDENTIAL information shall not, without the consent of the party

producing it or further Order of the Court, be disclosed except that such information may be
disclosed to:
a.

the parties’ attorneys that are actively working on this case;

b.

persons regularly employed or associated with the parties’ attorneys
that are actively working on the case whose assistance is required
by said attorneys in the preparation of the case, at trial, or at other
proceedings in this case;

c.

the parties, including designated representatives for the Plaintiffs
and Defendants;

d.

expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for
preparation, trial, or other proceedings in this case;

e.

the Court and its employees (“Court Personnel”);

f.

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

g.
h.
5.

deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed

above (other than the parties’ counsel, persons employed by the parties’ counsel, Court
Personnel, and stenographic reporters), counsel shall provide such person with a copy of this
Stipulated Protective Order and obtain from such person a written acknowledgment stating
that he or she has read this Stipulated Protective Order and agrees to be bound by its

provisions.

A copy of the written acknowledgment is attached hereto.

All such

acknowledgements shall be retained by counsel and shall be subject to in camera review by
the Court if good cause for review is demonstrated by opposing counsel.
6.

Documents are designated as CONFIDENTIAL by placing or affixing on them

(in a manner that will not interfere with their legibility) the following or other appropriate
notice: “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER.”
7.

Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the deposition or portions thereof shall be designated as CONFIDENTIAL and
shall be subject to the provisions of this Stipulated Protective Order. Such designation shall
be made on the record during the deposition whenever possible, but a party may designate
portions of depositions as CONFIDENTIAL after transcription, provided written notice is
promptly given to all counsel of record within thirty (30) days after notice by the court
reporter of the completion of the transcript.
Whenever it is necessary to attach or otherwise include CONFIDENTIAL information to
motions or other documents filed with the court, the filing party shall contemporaneously file a
motion to restrict access seeking such restriction only as necessary to preserve the confidentiality
of the information. Such motion to restrict access shall seek restriction Level 1, which limits
access to the court and the parties. See D.C.COLO.LCivR 7.2.
8.

If a document marked as CONFIDENTIAL contains personal information that

is not material to the claims and defenses at issue in the case, the filing party shall redact the
information rather than restrict public access.
9.

Whenever a party inadvertently fails to designate any information as

CONFIDENTIAL, that party may correct such failure by giving written notice to the other

party(ies). Upon such written notification, the corrected materials shall only be deemed
CONFIDENTIAL prospectively. Substitute copies of the corrected information shall be
appropriately marked and given to the other party(ies) as soon as they become available.
Within ten (10) days of receipt of the substitute copies, the party(ies) receiving the
CONFIDENTIAL information shall return the previously unmarked information or destroy
it.
10.

A party may object to the designation of particular CONFIDENTIAL

information by giving written notice to the party that designated the disputed information.
The written notice shall identify the information to which the objection is made. If the
parties cannot resolve the objection within ten (10) business days after the time the notice is
received, it shall be the obligation of the party designating the information as
CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether
the disputed information should be subject to the terms of this Stipulated Protective Order. If
such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL
under the terms of this Stipulated Protective Order until the Court rules on the motion. If the
designating party fails to file such a motion within the prescribed time, the disputed
information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated
as CONFIDENTIAL in accordance with this Stipulated Protective Order. In connection with
a motion filed under this provision, the party designating the information as
CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information to be treated as CONFIDENTIAL.
11.

At the conclusion of this case, unless other arrangements are agreed upon,

each document and all copies thereof which have been designated as CONFIDENTIAL shall

be returned to the party that designated it as CONFIDENTIAL, or the parties may elect to
destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL
documents, the destroying party shall provide all parties with an affidavit confirming the
destruction.
12.

The

parties

agree

and

stipulate

that

every

person

who

obtains

CONFIDENTIAL information is prohibited from using or disclosing said information for any
purpose whatsoever, except as necessary to assist in the conduct of this litigation.
13.

Nothing in this Stipulated Protective Order shall require the disclosure of

information that is otherwise not subject to discovery, is privileged, or constitutes attorney
work product. Nothing in this Stipulated Protective Order shall prejudice any objections that
a party might have regarding the production of information. Nothing in this Stipulated
Protective Order shall be construed as an agreement that any CONFIDENTIAL information
shall be excluded from evidence.
14.

Neither a party’s designation of information as CONFIDENTIAL under this

Stipulated Protective Order, nor a party’s failure to make or object to such designation, shall
be admissible in evidence as a party admission or otherwise to prove any fact relevant to any
claim or defense.
15.

The restrictions on use of CONFIDENTIAL information set forth in this

Stipulated Protective Order shall survive the conclusion of this litigation.
16.

This Stipulated Protective Order may be modified by the Court at any time for

good cause shown following notice to all parties and an opportunity for them to be heard.
Dated: November 19, 2015.

By the Court:

R. Brooke Jackson
United States District Judge

ACKNOWLEDGEMENT
I hereby acknowledge that I have been advised of the terms of the Stipulated Protective
Order entered in Estate of Tanya Martinez, et al. v. Pueblo County, et al., Civil Action No. 15cv-01140-RBJ, pending in the United States District Court for the District of Colorado, have
been provided with a copy of said Stipulated Protective Order, have read and understand said
Stipulated Protective Order, agree to be bound by and to comply with the terms of said
Stipulated Protective Order, and agree to submit to the jurisdiction of the United States District
Court for the District of Colorado for the purpose of enforcement of said Stipulated Protective
Order.
Dated: _______________________________

_____________________________________
Printed Name:_________________________
Relationship to Lawsuit:_________________
Address:______________________________
_____________________________________
_____________________________________
Telephone:____________________________

So Stipulated:

s/ Matthew J. Cron
Matthew J. Cron
Siddhartha H. Rathod
RATHOD ৷ MOHAMEDBHAI LLC
[e-mail]
[e-mail]
Gregory A. Gold
Colleen Parsley
THE GOLD LAW FIRM, L.L.C.
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

s/
Ann B. Smith
VAUGHAN & DeMURO
[e-mail]
ATTORNEYS FOR COUNTY
DEFENDANTS

s/
C. Gregory Tiemeier
Dan Mauk
Tiemeier & Stich, P.C.
[e-mail]
[e-mail]
ATTORNEYS FOR CCS/CHC
DEFENDANTS